Prayer was offered by Chaplain David Goodin, Huttonsville
Correctional Center, Huttonsville, West Virginia.

Pending the reading of the Journal of Wednesday, February 13,
2013,

On motion of Senator D. Hall, the Journal was approved and the
further reading thereof dispensed with.

The Senate proceeded to the second order of business and the
introduction of guests.

The Senate then proceeded to the sixth order of business.

On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:

By Senators Nohe and Jenkins:

Senate Bill No. 144--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §19-20-26, relating to creating Haas' Law to honor
fallen law-enforcement canines and other canines in the service of
state or local governmental agencies.

Referred to the Committee on the Judiciary; and then to the
Committee on Finance.

By Senator Unger:

Senate Bill No. 145--A Bill to amend and reenact §3-1-50 of
the Code of West Virginia, 1931, as amended, relating to correcting
language; and relating to election complaint procedures to conform
the language to pertinent federal code.

Referred to the Committee on the Judiciary.

By Senators Unger and Beach:

Senate Bill No. 146--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §50-3-2c, relating to permitting magistrate courts to
collect unpaid costs, fines, forfeitures and penalties it has
imposed on a defendant; permitting those unpaid costs, fines,
forfeitures and penalties to be deducted from a defendant’s income
tax refund; creating the Magistrate Fines and Fees Collection Fund;
permitting the Tax Commissioner to charge an administrative fee;
and providing rule-making authority.

Referred to the Committee on the Judiciary; and then to the
Committee on Finance.

By Senators Yost and Fitzsimmons:

Senate Bill No. 147--A Bill to amend and reenact §11-3-9 of
the Code of West Virginia, 1931, as amended, relating to exempting
from taxation motor vehicles owned by members of the armed forces
of the United States while serving in a designated war zone.

Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.

By Senator Yost:

Senate Bill No. 148--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-45-1, §16-45-2, §16-45-3, §16-45-4, §16-45-5 and
§16-45-6, all relating to creating the Medication Therapy
Management Act; and specifying that fees for third-party providers
pay for the therapy under this act.

Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.

By Senators Yost and Fitzsimmons:

Senate Bill No. 149--A Bill to amend and reenact §18A-4-8b of
the Code of West Virginia, 1931, as amended, relating to county
boards of education; temporary reassignment of injured or ill
service personnel under specified conditions; compensation and
benefits; vacancies and job postings; and expiration of
reassignments.

Referred to the Committee on Education; and then to the
Committee on Finance.

By Senator Yost:

Senate Bill No. 150--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §21-11-21; and to amend said code by adding thereto a
new section, designated §31-17-21, all relating to requiring
residential construction projects to be bonded; setting forth a
contractor’s responsibilities; and requiring a lender making a loan
for residential construction services to be financially responsible
for payment to the contractor and any subcontractors who provide
those services and to suppliers of materials used in the
construction.

Referred to the Committee on Labor; and then to the Committee
on the Judiciary.

Senate Bill No. 151--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31D-16-1621, relating to the disclosure of corporate
political activities to shareholders, the Secretary of State and
the public.

Referred to the Committee on the Judiciary.

By Senators Unger, Laird and Stollings:

Senate Bill No. 152--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §60-3A-3b; to amend and reenact §60-3A-4 of said code;
and to amend said code by adding thereto a new section, designated
§60-7-9, all relating to requiring certain employees of licensed
private clubs and retail outlets selling alcoholic beverages to
take the Techniques for Education and Alcohol Management course,
the Training for Intervention Procedures course, alcohol awareness
programs provided by the American Hotel and Lodging Association or
the National Restaurant Association or other similar alcohol
awareness education courses provided or approved by the Alcohol
Beverage Control Commissioner; allowing for the training to be done
onsite by a manager or supervisor; and providing legislative rule-making authority.

Referred to the Committee on the Judiciary.

By Senators Yost and Fitzsimmons:

Senate Bill No. 153--A Bill to amend and reenact §48-23-601 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §48-23-602, all
relating to compiling and making available nonidentifying social
and medical histories of birth parents prior to an adoption.

Referred to the Committee on the Judiciary.

By Senator Yost:

Senate Bill No. 154--A Bill to amend and reenact §29-19-5 of
the Code of West Virginia, 1931, as amended, relating to
requirements for a charitable organization to submit an audit
report or statement of financial review by an independent certified
public accountant.

Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.

By Senator Barnes:

Senate Bill No. 155--A Bill to amend and reenact §18-20-1 and
§18-20-5 of the Code of West Virginia, 1931, as amended, all
relating to requiring the State Board of Education be responsible
for the funding of all special programs for exceptional children;
and requiring the State Superintendent to be responsible for the
payment for those programs.

Referred to the Committee on Education; and then to the
Committee on Finance.

By Senator Barnes:

Senate Bill No. 156--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-15-50, relating to prohibiting vehicles equipped
with a hitch from being left with hitch tongues inserted in the
hitch when the hitch tongue is not in use.

Referred to the Committee on Transportation and
Infrastructure.

By Senator Beach:

Senate Bill No. 157--A Bill to amend and reenact §17B-2-2 of
the Code of West Virginia, 1931, as amended, relating to driver's
licensing; and providing an exemption from the requirement for a
Class D driver’s license for certain nonresident drivers.

Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.

By Senators Beach and Stollings:

Senate Bill No. 158--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17-4A-1, §17-4A-2 and §17-4A-3, all relating to
creation of the Complete Streets Act; adopting a complete streets
policy applicable to all streets, roads and highways and other
transportation infrastructure facilities under the jurisdiction of
the Commissioner of Highways; providing for model complete streets
policies for use by counties and municipalities; creating a
Complete Streets Advisory Board; and requiring annual reports.

Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.

By Senators Tucker, Chafin, Nohe, Palumbo, Sypolt and Wells:

Senate Bill No. 159-- A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §36-12-1, §36-12-2, §36-12-3, §36-12-4, §36-12-5,
§36-12-6, §36-12-7, §36-12-8, §36-12-9, §36-12-10, §36-12-11,
§36-12-12, §36-12-13, §36-12-14, §36-12-15, §36-12-16, §36-12-17,
§36-12-18 and §36-12-19, all relating to creating the Real Property
Transfer on Death Act; authorizing the transfer of real property
effective at the time of a transferor’s death; providing for
applicability and nonexclusivity of this method of transferring
real property; providing that a transfer on death deed is revocable
and nontestamentary; establishing the capacity of transferor;
setting forth requirements; providing that notice, delivery,
acceptance and consideration are not required; setting forth the
effect of transfer on death deed during a transferor’s life;
providing disclaimers; providing for liberal construction;
providing optional forms; providing for uniformity of application
and construction; setting forth the article’s relation to
Electronic Signatures in Global and National Commerce Act; and
defining terms.

Referred to the Committee on the Judiciary.

By Senator Barnes:

Senate Bill No. 160--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5,
§62-16-6 and §62-16-7, all relating to creating the Conditional
Early Release Bond Act; permitting the Board of Parole to release
an inmate on parole; permitting the board to place conditions on
the release of a prisoner including requiring the posting of an
early-release bond by cash or surety and certain other
discretionary conditions; setting forth the terms of a bond;
providing for penalties; providing for the surrender of the
parolee; defining terms; and providing for severability.

Referred to the Committee on the Judiciary; and then to the
Committee on Finance.

By Senators Yost, Fitzsimmons and Jenkins:

Senate Bill No. 161--A Bill to amend and reenact §20-2-42c of
the Code of West Virginia, 1931, as amended, relating to allowing
members of the West Virginia National Guard or its reserve to
obtain Class C hunting and fishing licenses for a one-time fee
while serving in the West Virginia National Guard or its reserve
and all veterans of the armed forces with an honorable discharge or
full retirement to obtain license for life upon full retirement or
honorable discharge.

Referred to the Committee on Natural Resources.

By Senator Carmichael:

Senate Bill No. 162--A Bill to amend and reenact §60A-2-206
and §60A-2-208 of the Code of West Virginia, 1931, as amended, all
relating to reclassifying hydrocodone from a Schedule III
controlled substance to a Schedule II controlled substance.

Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.

By Senators Carmichael and Unger:

Senate Bill No. 163--A Bill to amend and reenact §8-1-5a of
the Code of West Virginia, 1931, as amended, relating to permitting
two municipalities in each county to participate in the home rule
pilot program.

Whereas, The West Virginia Division of Corrections, the
Regional Jail Authority and the Division of Juvenile Services are
committed to enhance public safety by providing safe, secure and
humane facilities, operating an effective system of offender re-entry and community supervision, reducing offender recidivism and
assisting victims of crime; and

Whereas, The West Virginia Division of Corrections, the
Regional Jail Authority and the Division of Juvenile Services are
further committed to providing effective beneficial services that
promote positive development and accountability while preserving
community safety and sustaining a work environment predicated upon
principles of professionalism, with dignity and respect for all;
and

Whereas, It is the vision of these agencies to be recognized
as innovative leaders in providing quality correctional services;
and

Whereas, The adult and juvenile correctional population
continues to expand and it is important for agency representatives
and policymakers to appreciate the nature and magnitude of the
growth; and

Whereas, Previous information provided to this body should
assist public officials and agency representatives in planning for
the future and developing policies for the management of the West
Virginia correctional population, both adult and juvenile, as well
as providing adequate pay, benefits and a safe secure workplace for
the employees in the correctional system; therefore, be it

Resolved by the Senate:

That the Senate hereby designates February 14, 2013, as
“Corrections Day”; and, be it

Further Resolved, That the Senate hereby recognizes the
exceptional service and commitment of the employees of the Division
of Corrections, the Regional Jail Authority and the Division of
Juvenile Services; and, be it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the
Division of Corrections, the Regional Jail Authority and the
Division of Juvenile Services.

At the request of Senator Laird, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

On motion of Senator Unger, the Senate recessed for one
minute.

Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.

Senate Resolution No. 9--Honoring Mineral County natives, the
late Sergeant Jonah Edward Kelley and the late Sergeant William
Edward Shuck, Jr., recipients of the Congressional Medal of Honor.

Whereas, Sergeant Jonah Edward Kelley served his country
during World War II, leading his company, the 311th Infantry
Regiment, 78th “Lightning” Division, in Kesternich, Germany, in
1945, through fierce mortar and firearm attacks on barricaded
homes, and although wounded, refused to withdraw to seek medical
attention; and

Whereas, Sergeant Jonah Edward Kelley cleared the way for his
men by making multiple enemy kills, while at the same time taking
continuous enemy fire to his body, ultimately succumbing to his
wounds; and

Whereas, Sergeant William Edward Shuck, Jr., served his
country during the Korean War as machine gun squad leader in the
7th Marines, 1st Division, where he was evacuating casualties
during an assault against an enemy position and was killed by
sniper fire; and

Whereas, For making the ultimate sacrifice for their country,
both Sergeant Jonah Edward Kelley and the late Sergeant William
Edward Shuck, Jr., were posthumously awarded the Congressional
Medal of Honor, which is the highest award for valor in action
against an enemy force which can be bestowed upon an individual
serving in the Armed Services of the United States; and

Whereas, It is fitting and proper, on Mineral County Day at
the Capitol, that the Senate honor the memory and service of these
two Mineral County men for their courageous service to their
country; therefore, be it

Resolved by the Senate:

That the Senate hereby honors Mineral County natives, the late
Sergeant Jonah Edward Kelley and the late Sergeant William Edward
Shuck, Jr., recipients of the Congressional Medal of Honor; and, be
it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
Mineral County delegation.

At the request of Senator Sypolt, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

On motion of Senator Unger, the Senate recessed for one
minute.

Upon expiration of the recess, the Senate reconvened and
proceeded to the eleventh order of business and the introduction of
guests.

The Senate then proceeded to the twelfth order of business.

Remarks were made by Senator Sypolt.

The Senate next proceeded to the thirteenth order of business.

Senator Kessler (Mr. President) announced appointment of the
Select Committee on Children and Poverty for this eighty-first
Legislature, and at the request of Senator Unger, and by unanimous
consent, the list was ordered printed in the Journal as follows: